Physicians for Human Rights — Israel: Torture in Israel and Physicians’ Involvement in Torture
Physicians for Human Rights — Israel has issued a new position paper: Torture in Israel and Physicians’ Involvement in Torture [pdf]. Here is their announcement:
To the members and volunteers of Physicians for Human Rights-Israel
Over the past year, PHR-Israel has held extensive correspondence with the Ministry of Health and the Israeli Medical Association (IMA) on the subject of the roles and responsibilities of doctors regarding the interrogation of detainees in general and interrogations involving torture in particular. As will be made clear in the attached Position Paper, PHR-Israel calls for the removal of doctors from facilities in which torture is employed, in order to protect them from breaches of medical ethics, and seeks to increase the awareness of medical communities regarding this issue.
As detailed in the Position Paper, the leadership of the medical community in Israel did not in the past take a clear enough stand against torture, and only a ruling by the High Court of Justice provided a clear prohibition on torture. Our current correspondence with IMA and the Ministry of Health suggests that the medical leadership in Israel is still not acting in a determined way against torture, as required by the principles of medical ethics. The Position Paper aims to provide a response to the majority of questions that may arise on this issue, such as: Why are doctors obliged to follow the rules of medical ethics? What are we demanding of IMA and the Ministry of Health (and what is their position on this issue)? and What is the role of international bodies in this struggle?.
Doctors are in danger of transgressing their ethical responsibilities, often because of they lack awareness of the issues at hand. For this reason, PHR-Israel has published a short Handbook explaining the ethical responsibilities of doctors in such cases, and detailing the most common injuries of victims of torture and/or violence, in order to improve the chances that when a doctor encounters a victim of torture, he or she will identify the evidence and will be able to provide the victim with assistance and protection.
We appeal to you, members and volunteers of our organization, to play an active part in the struggle against torture and against the involvement of doctors in torture. We ask all members and volunteers of PHR-Israel to act for change in Israel in all matters related to torture, and to help us by distributing the Handbook and the Position Paper among your colleagues in the medical community. Only your public support can help those doctors who are working within systems with high risk for dual loyalty.
We believe that raising awareness of this issue is an essential stage in the struggle against torture in Israel.
Please distribute this email as widely as possible.
And here is the Summary from the report:
• PHR-Israel reiterates its sweeping opposition to all forms of torture that continue to be carried out in Israel, regardless of their rationalization. In a speech he gave to the Bar Association, Justice Aharon Barak said that in the past the heads of the security authorities would thank him for the intervention of the High Court of Justice (HCJ) in matters of security. “The head of the General Security Services said ‘thank you’ after a ruling declared that it was prohibited to use torture against detainees. We reached the conclusion that when you use your head and not your
hands, the results are better.” 1 Despite the ruling a decade ago by the HCJ prohibiting torture of prisoners and detainees except under very specific circumstances, torture continues to be practiced in Israel’s interrogation facilities. Most cases of torture are not investigated, and interrogators are typically authorized in advance to use torture or other inhumane or degrading methods. These practices are illegal, contradicting Israeli and international law.• PHR-Israel calls upon physicians to immediately and completely cease their participation in torture, and to fulfill their duty to report all cases of torture or suspected torture that have come to their knowledge. Physicians participate in interrogation procedures that involve torture by examining interrogated persons
before, during and after interrogation, and failing to report cases of torture that have been revealed to them. Such participation in torture stands in stark opposition to international conventions to which Israel is a signatory and to the rules of medical ethics that apply to physicians, and may make physicians who participate in torture legally accountable. Physicians’ refusal to participate in torture may undermine the
legitimacy of those who practice it, and may contribute to ending torture.• PHR-Israel calls upon the Israel Medical Association (IMA) to utilize its status appropriately to lead the Israeli medical community in the struggle against torture. The IMA must put an end to years of turning a blind eye to torture and physicians’
involvement in it. It must seriously investigate complaints it receives on this issue, and take steps to remove physicians who provide services to GSS interrogation facilities from those posts. At the same time, the IMA must publicly provide legal and financial support to physicians who testify regarding torture.• PHR-Israel calls upon the Ministry of Health to a) reformulate its position such that it is clear that physicians are not only prohibited from participating in illegal activity, but are also prohibited from participating in torture, even if it has been authorized by the Attorney General and/or the Head of the GSS; and b) change its position – that torture is a rare occurrence, if it happens at all, and thus does not justify guidelines – and to issue clear guidelines on torture, in accordance with the rules of medical ethics and international law.
Finally, also look at their fact sheet: Medical Teams: Prevent Torture.
August 3rd, 2009